SYLLABUS FORM WESTCHESTER COMMUNITY COLLEGE Valhalla, NY lo595. l. COURSE #: POL NAME OF ORIGINATOR /REVISOR: Dr. David Wedlick/Stephen Arienta

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1 SYLLABUS FORM WESTCHESTER COMMUNITY COLLEGE Valhalla, NY lo595 l. COURSE #: POL NAME OF ORIGINATOR /REVISOR: Dr. David Wedlick/Stephen Arienta NAME OF COURSE: BASIC CRIMINAL LAW & PROCEDURE 3. CURRENT DATE: 7/29/2014. Please indicate whether this is a NEW COURSE or a REVISION: REVISION DATE OF PRIOR REVISION: November NUMBER OF CREDITS 5. NUMBER OF CONTACT HOURS PER WEEK APPROXIMATE FREQUENCY OF OFFERING THIS COURSE: Each Semester 7. PREREQUISITES OR ENTRY LEVEL SKILLS NONE 8. COREQUISITES N/A 9. PLACE OF THIS COURSE IN CURRICULUM: Required for Curriculum (name) College Core _X_ Elective Part of Required/Recommended Sequence with (Number of Course) 10. IS THIS COURSE DESIGNED FOR TRANSFER TOWARD A SPECIFIC MAJOR? X Yes No MAJOR(S) Criminal Justice 11. COURSE OUTCOMES: List the course s learning outcomes and describe how each outcome will be measured. Outcome - Upon successful completion, the student will be able to: SLO 1: Learn about the concept of crime and the crimepunishment relationship. Objective 1: Define the elements of substantive and procedural law Objective 2: Define the elements essential to the existence of a crime and elements of common law and statutory SLO 2: Learn the criminal procedural process and constitutional rights of each citizen. Objective 1: Learn about the system of enforcing the substantive criminal law. Objective 2: Learn and differentiate about the various types of crime and the effectiveness of punishments. This outcome will be measured by one or more of the following: *Class discussion/debate*quiz questions (combination of *Class discussion/debate *Quiz questions (combination of multiple choice, short answer, essay questions)

2 SLO 3: Identify the various forms of punishment in the United States. Objective 1: Learn why probation is so readily used in the Criminal Justice system. Objective 2: Describe the process of sentencing to imprisonment and community correctional sanctions. Objective 3: Describe the effectiveness of punishments in the Criminal Justice System. SLO 4: Learn about how to create case briefs and conduct legal research Objective 1: Analyze the legal rationale for the legal justice system. Objective 2: Research court cases and to write effective briefs summarizing important issues. Indicate which of the above SLO s address the SUNY General Education (GE) Social Science requirement SUNY GE 1: Demonstrate knowledge of the methods social scientists use to explore social phenomena, including observation, hypothesis development, measurement and data collection, experimentation, evaluation of evidence, and employment of mathematical interpretive analysis. SUNY GE 2: Demonstrate knowledge of major concepts, models and issues of at least one discipline in the social sciences *Class discussion/debate *Quiz questions (combination of multiple choice, short answer, essay questions) *Class discussion/debate *Quiz questions (combination of multiple choice, short answer, essay questions) SLO 1, SLO 2, SLO 3 & SLO 4 SLO 1, SLO 2, SLO 3 & SLO 4

3 12. COURSE GRADE Based on the above measures, how will the final course grade be calculated? Quizzes....0%-40% Mid-Term Exam...15%-40% Final Exam...15%-40% Class Participation...0%-20% Homework...0%-20% 13. INSTRUCTIONAL METHODS: List the different instructional methods you might use, in the course of the semester. List supplementary learning options, if any PowerPoint Articles Guest Lecturers Field Trips Supplementary Readings 14. Westchester Community College Key Values: These skills, abilities, knowledge and attitudes cross disciplines and prepare our students to be life-long learners. Student Learning Outcome/Objective(s) Related Course SLO If any of the following values pertain to this course, indicate which of the above course SLO s address those values. Please see related objectives for each SLO on last page. Skills & Abilities Value 1: Communication Skills: Reading, Writing & SLO 1, SLO 2, SLO 3, SLO 4 Speech Value 2: Critical Thinking and Problem Solving SLO 1, SL0 2, SLO 3, SLO 4 Value 3: Information and Technology Literacy Skills SLO 1, SLO 2, SLO 3, SLO 4 Knowledge& Attitudes Value 4: Learning to be a successful learner SLO 1, SLO 2, SLO 3, SLO 4 Value 5: Global Awareness and a Sense of SLO 1, SLO 2, SLO 3, SLO 4 Community and Responsibility 15. CROSS-CURRICULAR OPPORTUNITIES: A. General Education Enrichment: This course allows the student to investigate and showcase understanding of the legal system and the law that governs our nation. B. Information Management: This course will teach students to apply information management skills as they are required to manage all the information and research needed to complete the course. C. Critical Thinking: The quizzes and tests are all geared to allow the students to demonstrate Critical Thinking. D. Student Engagement: This course allows students to research, analyze and brief current and past statutory and common law. The students will be able to identify and describe the elements of statutes

4 16. TOPIC OUTLINE Introduction Outline of substantive and procedural criminal law Fundamentals of Crime, Law and Punishment A. Definition of Crime (Classifications, purpose) B. Distinguish Civil and Criminal Law C. Sources of Criminal Law (Statutory and Common Law) D. Substantive Law v. Procedural Law (due process, definitions, etc.) E. Principles of Criminal Liability F. Types of Criminal Punishments Organization of the Criminal Justice System A. Law Enforcement Agencies B. Prosecutorial Agencies and Public Defenders C. Court Systems (Federal and State) D. Corrections Systems (Federal and State) Constitutional Limitations on Criminal Law Freedom of expression, freedom of assembly, freedom of religion, vagueness and overbreath, right of privacy, standards of judicial review Legal Research Introduction to Case Briefing Elements of Crimes A. Criminal Act (Actus Reus) B. Possession (Actual and Constructive) C. Criminal Intent (mens rea) (General and Specific) D. Strict Liability Offenses Parties to Crimes A. Principals and accessories Inchoate Offenses A. Attempt B. Solicitation C. Conspiracy Offenses against Persons A. Assault and Battery B. Homicide C. Sexual Battery D. False Imprisonment/Kidnap Crimes Against Property/Habitation

5 A. Larceny B. Receiving Stolen Property C. Embezzlement D. Robbery E. Forgery F. Burglary G. Arson H. Malicious Mischief I. Extortion Offenses Against Public Morality A. Background and Purpose B. Adultery, Seduction, Incest C. Bigamy D. Prostitution E. Indecent Exposure F. Obscenity G. Gambling H. Intoxication Offenses I. Drug Offenses Offenses Against Public Order A. Unlawful Assemblies, Riots B. Disorderly Conduct C. Vagrancy Offenses Against Justice and Public Administration A. Bribery B. Perjury C. Obstruction of Justice and Resisting Arrest D. Escape E. Contempt Criminal Responsibility and Defenses A. Infancy B. Intoxication C. Insanity D. Self-Defense E. Defense of Property, Habitation, Arrested F. Mistake (Law and Fact) G. Immunity H. Double Jeopardy I. Statute of Limitations J. Entrapment K. Alibi, Duress, Necessity and Consent L. Misc. Criminal Procedure A. Background B. Fourth Amendment Search and Seizure A. Expectations of Privacy

6 B. Warrant Requirements and Exceptions Arrest and Interrogation A. Arrests (Steps: Info and ID, Investigatory Detention, Arrest) B. Probable Cause C. Warrant Requirement D. Warrantless Arrests E. Manner of Arrests Interrogation and Confessions A. Miranda Warnings B. Confessions C. ID Procedures The Pretrial Process A. Stages 1. Initial Appearance, arraignment, pretrial release (Bail), prosecutor s decision to charge, preliminary hearing, grand jury, extradition, joinder and severance, (offenses and parties), pretrial motions (types and examples), plea bargaining, pretrial discovery, right to speedy trial, trial The Trial Process A. Jury Trial (right, selection, composition, voir dire, challenges) 1. Stages Opening Statement, Case for Prosecution, Cross Examination, Rules of Evidence, Defendant Moving for Judgment of Acquittal, rebuttals, closing arguments, instructions to jury, jury deliberations and return on verdict, deadlocked jury, jury tampering, mistrial, the verdict. Sentencing and Punishment A. Justification B. Forms C. Sentencing Stages D. Types of Sentences Appeal and Post-Conviction Relief A. Background and Constitutional Right B. Points of Appeal C. Harmless Error Doctrine D. Appelalte Process Post-Conviction Relief 17. UNIQUE ASPECTS OF COURSE (such as equipment, specified software, space requirements, etc.) None APPENDIX I: REQUIRED TEXTS AND/OR MATERIALS REQUIRED BY THE STUDENT (Include Supplementary Readings) Scheb & Scheb, Criminal Law and Procedure, West Publishing, 6 th Edition, 2011.

7 APPENDIX II: - CATALOG DESCRIPTION: (Approximately 65 words or less) An examination of the principles of American criminal procedure. This course includes an in-depth analysis of procedural due process as applied to police work, including the areas of arrest, search and seizure, and interrogation and the decisions dealing with constitutional guarantees provided to persons accused of crime.

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